The lawyer analyses the documents provided by the client, determines the possibility of recognition of ownership by the acquisition limitation and signs a contract for the provision of legal aid.
Acquisition of ownership by statute of limitations
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Publication date: 25.07.2022
Reading time: 8 minutes
Number of views: 244
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Stage
Term (days)
Cost
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1
Situation analysis1 UAH 2,280.00
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2
Preparing case files7 UAH 2,850.00
The lawyer analyzes the actual case law and writes a claim for the recognition of the right of ownership under the acquisition statute of limitations for the real estate, based on civil legislation.
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3
Receiving court decision90 UAH 5,700.00
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, in agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment. The lawyer sends the claim to the court, supervises the court process and represents the client’s interests in court during the consideration of the case on the acquisition of the property by the acquisition statute of limitations. The maximum number of visits related to the representation of the client’s interests in court is 5, each subsequent visit is additionally paid.
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4
Registration of property rights7 UAH 1,140.00
After the entry into force of the decision of the court of first instance to acquire ownership, the lawyer applies to the state registrar or notary for registration of ownership in the register of real estate rights.
*Administrative fees and notary fees are paid by the client separately.
In general
105
UAH 11,970.00
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Acquisition of property by acquisitive prescription
If you have legally taken possession of property belonging to another person, but have not registered ownership of it, you can apply to the court for the purpose of acquisitive ownership. In order to make everything valid, you must own the real estate for a certain period of time and continue open uninterrupted ownership.
If the property needs to be pre-registered by the state, then such a right will arise after the registration.
A lawyer will help to register the act of acquiring property by prescription. For this process goes exclusively through the court and requires careful preparation of all documents.
What does acquisitive prescription mean?
This term refers to one of the methods by which you can get ownership of someone else's property. It is regulated by article 344 of the Civil Code. There it is determined that any person who has taken possession of property on a good basis and owns it for a certain time has the right to ownership by acquisitive prescription.
Registration is carried out only through a court decision. The person will need to prove that they have continuously owned the property for a certain period and can claim ownership.
How does the acquisition of real estate take place?
It has already been clarified that the transfer of property rights occurs only through the court. The procedure itself is similar to the process of gratuitous transfer of property into ownership and has the same mechanisms of action and registration. Working with a lawyer greatly facilitates the acquisition of property by acquisitive prescription.
To acquire ownership of real estate, you need to own it within the following terms:
· Movable property - more than 5 years.
· Real estate - more than 10 years.
What conditions are necessary for the right of ownership by acquisitive prescription?
Additional conditions arise only when registering the ownership of a land plot, this act is regulated by the Land Code. In other cases, the conditions are determined by part 1 of Article 344 of the Civil Code.
In order for a person to acquire ownership of real estate, you must have the following factors:
· good faith possession;
· open ownership;
· continuous ownership;
· long-term ownership;
· the presence of a subject capable of acquiring ownership of a certain object;
· legality of the object of possession;
· no restriction or prohibition
If a dispute arose against the background of ownership, then it will be resolved precisely with the help of such criteria: good faith and lack of title of ownership.
Purchase prescription for land
The Civil Code notes that the rights to the site are regulated by the Land Code of Ukraine. In particular, article 119, which establishes the right to obtain a land plot in ownership by acquisitive prescription.
Terms for use before purchase are higher. For land plots, they are 15 years, without documents for land ownership.
Acquisition of ownership is also carried out with gratuitous privatization. This is evidenced by Article 118 of the Land Code of Ukraine, not in violation of other norms of the Code.
To certify the acquisitive prescription of the land and good ownership may be the payment of tax on this land and other documents and applications submitted during indirect ownership.
Assistance of a lawyer with the acquisition of property by acquisitive prescription
This is a complex process in which the assistance of a lawyer will become a mandatory part. The lawyer will help to correctly draw up all the documentation, the claim and accompanies the client in court. This service saves time and structures the entire process, allowing you to increase the chances of a court decision in the direction of the client.
Analysis of the situation and writing a lawsuit
The lawyer analyzes the documents certifying the acquisitive prescription for real estate. According to the current judicial practice, a lawyer writes a statement of claim to the court.
Obtaining a court decision on the acquisition of ownership by acquisitive prescription
The lawyer sends the claim to the court and fully accompanies the client in the process of making a decision. At this stage, you will receive full control and representation of your interests from a lawyer. This increases the chances of success and helps avoid mistakes.
Registration of the acquisition of ownership of real estate
After the court decision comes into force, a lawyer will help you properly file a claim, obtain a court decision and register the changes with the relevant authorities, which will finally confirm your right to own property or land.
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